Attorney General Opinion No. 1989-144 PDF Download
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Author: Robert T. Stephan
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The provision of K.S.A. 1988 Supp. 79-1476 which requires land subject to thesubjectal conservation reserve program to be valued on the basis of the agricultural income or productivity attributable to the inherent capabilities of the land in its usage immediately prior to being subject to the program is not in violation of the uniformity in assessment requirement of article 11, section 1 of the Kansas Constitution. Cited herein: K.S.A. 1988 Supp. 79-1476; Kan. Const., Art. 11, sections 1, 12; U.S. Const., Amend. 14th.
Author: Robert T. Stephan
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Languages : en
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The provision of K.S.A. 1988 Supp. 79-1476 which requires land subject to thesubjectal conservation reserve program to be valued on the basis of the agricultural income or productivity attributable to the inherent capabilities of the land in its usage immediately prior to being subject to the program is not in violation of the uniformity in assessment requirement of article 11, section 1 of the Kansas Constitution. Cited herein: K.S.A. 1988 Supp. 79-1476; Kan. Const., Art. 11, sections 1, 12; U.S. Const., Amend. 14th.
Author: Robert T. Stephan
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Languages : en
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1989 House Bill No. 2454 pertaining to maintenance of natural gas pipelines and establishment of the Citizens' Utility Ratepayer Board (CURB) does not violate Art. 2, section 16 of the Kansas Constitution which prohibits a bill from containing more than one subject. Though arguably tenuous, we believe the sections addressing gas pipeline maintenance are germane to those creating a board concerned with the cost of utilities in that both are encompassed under the subject and title "relating to public utilities." As such, since the question of how the bill evolved is not relevant to the bill's constitutionality, we believe the connection sufficient to cause the courts to uphold the legislation as constitutional. Cited herein: K.S.A. 55-112, as amended by 1989 H.B. 2454; Kan. Const., Art. 2, section 16; 1989 H.B. 2454; 1989 S.B. 105; L. 1982, ch. 144; L. 1985, ch. 48; L. 1982, ch. 282; L. 1978, ch. 323.
Author: Robert T. Stephan
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As amended by L. 1982, ch. 144, section 5, K.S.A. 1981 Supp. 8-1567 provides that a person convicted of a violation of the offense of operating a motor vehicle while under the influence of alcohol may be required to perform public or community service work as an alternative to incarceration or payment of a fine. In assigning the work to be performed, a judge or court services division would be exercising judicial and discretionary functions, respectively, and would be exempt from liability under the Tort Claims Act, K.S.A. 1981 Supp. 75-6101 e̲t̲ s̲e̲q̲. However, as noted by Attorney General Opinion Nos. 81-98 and 82-157, the recipient organization (including local governments and non-profit corporations) may be liable for injuries and damages inflicted or suffered by persons acting within the scope of their designated community service duties. Cited herein: K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 21-4610, K.S.A. 1981 Supp. 75-6102, 75-6104.
Author: Robert T. Stephan
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Under the provisions of K.S.A. 1986 Supp. 12-1675 and K.S.A. 1986 Supp. 17-5002, a municipal corporation may not invest its idle funds in time certificates of deposit or repurchase agreements with a federally chartered savings and loan association which has its home office outside the state of Kansas. Cited herein: K.S.A. 1986 Supp. 12-1675; K.S.A. 1986 Supp. 17-5002.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert T. Stephan
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Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.
Author: Robert T. Stephan
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A state university's mission is to provide broad-based educational experiences, including forums for enlightenment and opportunities to exchange a broad spectrum of thoughts and ideas. A mandatory fee to fund various groups providing such opportunities and to avoid "free-rides" is justified by this important state interest. The fee may be used to support political and ideological speech if such expenditures are nondiscriminatory and are necessarily or reasonably incurred for the purpose of providing such educational experiences and opportunities. The university may not allow use of mandatory fees to fund lobbying efforts, other off-campus activities, or organizations that are too far removed from the university's educational mission Cited herein: K.S.A. 76-719.
Author: Robert T. Stephan
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Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.
Author: Robert T. Stephan
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Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.
Author: Robert T. Stephan
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While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.
